Canada: How To Wait Out Donald Trump's Presidential Term In Canada

Back in March 2016, I discussed whether Americans could move to Canada if
Donald Trump actually became President. This was several
months before he actually secured the Republican
nomination.

Now that Donald Trump has won the election, many Americans are
once again considering the possibility of moving to Canada.
In fact, it was widely reported that on Election Day, as it
became increasingly likely that Donald Trump would become
President, the website of Immigration, Refugees and Citizenship
Canada (formerly known as Citizenship and Immigration Canada)
crashed due to the increased traffic.

In March 2016, I reported that it was more difficult to
permanently move to Canada than most Americans realized.
However, I also suggested that something less than permanent
residence might be sufficient to address the needs of Trump-dodging
Americans. In light of Donald Trump's recent election
victory, it is worthwhile to discuss these temporary options
again.

Among disillusioned Americans, it is widely believed that Donald
Trump will not win a second term as President. In fact, some outspoken Americans have opined that he
will not even finish his initial four-year term. In any
event, if we assume that Donald Trump would not serve a second
term, permanent resident status in Canada is clearly not
required.

There are several options available that would permit a U.S.
citizen to temporarily reside in Canada for the next four
years. A description of the most viable temporary options for
U.S. citizens appears below.

Study in Canada

This option may be more relevant to younger Americans.
However, it is a viable option for any anyone who wishes to pursue
a post-secondary education in Canada.

A foreign national who is accepted into a full-time program at a
designated post-secondary institution in Canada may obtain a study
permit, which will allow them to remain in Canada until the
completion of their studies. For example, a bachelor degree
program typically lasts four years in Canada, more than sufficient
to avoid President Trump's four-year term.

During their academic studies, international students may work
either on-campus or off-campus, for up to 20 hours per week during
the school year and 40 hours per week during holidays. There
is no need to obtain a separate work permit in order to do
this.

Upon completion of their studies, an international student may
also seek a post-graduation work permit, which will allow them to
continue working in Canada. The duration of this
post-graduation work permit will vary depending on the duration of
the academic program.

Work in Canada as a NAFTA Professional

As a result of the North American Free Trade Agreement
("NAFTA"), U.S. citizens (and Mexican citizens also) have
the ability to seek a NAFTA Professional work permit, if they fall
under one of the professions listed in Appendix 1603.D.1
to Annex 1603 of the NAFTA. These work permits may be issued
for up to three years at a time, with no cap on the number of
renewals.

The list of eligible professions is intended to be
comprehensive; if an occupation does not appear in Appendix
1603.D.1, it is not eligible for a NAFTA Professional work
permit. Traditional professions such as lawyer, accountant,
engineer, and even computer systems analyst are listed.
However, managerial positions do not appear in Appendix
1603.D.1. The only management-related profession listed is
"management consultant" but it is not available to
applicants who are assuming an existing or newly created permanent
position with the U.S. entity.

In most, but not all of the listed professions, a baccalaureate
(or higher) degree is required. Although not specifically stated in
Appendix 1603.D.1, the applicant's degree must in the same
field as the listed profession (or in a closely related
field). That said, some professions permit alternate
credentials, such as a two year post-secondary diploma plus three
years of relevant work experience (i.e. computer systems analyst)
or five years of relevant work experience (i.e. management
consultant).

It should be mentioned that NAFTA Professional work permits are
intended for applicants who are seeking entry to provide
pre-arranged professional services to a Canadian employer or
client. They cannot be used by applicants who will engage in
self-employment, which includes the provision of professional
services to a Canadian employer or entity over which they have
significant ownership or control. In other words, NAFTA
Professionals require an arms-length Canadian employer or client
who will retain them to provide professional services.

Admittedly, Donald Trump has threatened to renegotiate the NAFTA, and to
withdraw from the agreement if he cannot obtain the terms that he
wants. However, according to CIBC, if the United States does
withdraw from the NAFTA, Canada and the United States could revert
back to the Canada-United States Free Trade Agreement
("CUSFTA"), which was in place before the NAFTA.
The CUSFTA contained immigration provisions that were similar to
the NAFTA. Assuming that this occurs, the professional work
permit category should continue to be available.

Work in Canada as an Intra-Company Transferee
("ICT")

This is the most common work permit category used by employees
of multinational organizations. The ICT work permit is
available to executive, managerial, or specialized knowledge
employees who have been employed with a foreign employer for at
least one year during the preceding three years, and who are
transferring to a related entity in Canada in a similar
position.

Americans fortunate enough to be working for a multinational
organization may be eligible for an ICT work permit, if they can
convince their employer to transfer them to their Canadian
office. However, given the significant number of anti-Trump protests that
have occurred since the U.S. election, it is likely that other
employees have already asked HR about a transfer to
Canada.

Employees of small and medium sized enterprises may also qualify
for ICT work permits, as long as they meet the requirements of the
category. So the owner of a small or medium sized company,
which has sufficient staffing to establish his or her
executive/managerial position, could be transferred to the
company's related entity in Canada. It is also possible
to establish a new Canadian entity in order to facilitate such a
transfer but, in new office situations, the initial ICT work permit
will be issued for one year instead of three years (although
subsequent extensions are permitted).

Except in the case of a new office, ICT work permits are issued
for up to three years initially. Extensions may also be
granted up to a maximum of seven years for executives and managers,
or five years for specialized knowledge workers. This would
be more than sufficient to avoid Donald Trump's entire
four-year term.

Although the NAFTA ICT work permit could be eliminated if Donald
Trump withdraws from the NAFTA, a similar work permit also existed
under the CUSFTA. More importantly, there is a parallel ICT
category available to all nationalities, which would continue to be
available even if President Trump withdraws from the
NAFTA.

Work as a NAFTA Treaty Investor or Treaty Trader

NAFTA Treaty Trader and Treaty Investor work permits are
entrepreneurial work permits given to self-employed business owners
(holding either U.S. or Mexican citizenship) who either:

Carry on substantial trade in goods or services principally
between the United States and Canada (Treaty Trader); or

Establish or purchase a business in Canada in which they have
invested a substantial amount of capital (Treaty Investor).

This work permit category also includes supervisory, executive,
or essential skills employees of the Treaty Trader or Treaty
Investor.

The Treaty Trader and Treaty Investor categories are based on
the NAFTA. However, similar work permit categories also
existed under the CUSFTA. Assuming that the United States and
Canada reverted back to the CUSFTA, Treaty Trader and Treaty
Investor work permits should continue to be available even if
President Trump withdraws from the NAFTA.

Treaty Investor and Treaty Trader work permits are issued for
only one year initially. However, they may be extended for
two years at a time, with no limit on the number of extensions that
may be granted. This is more than sufficient to avoid Donald
Trump's entire four-year term.

Conclusion

Despite the numerous media reports, which claim (truthfully)
that moving to Canada is difficult, there are still many temporary
options available to Americans. Any one of these temporary
options could allow a disillusioned U.S. citizen to wait out Donald
Trump's presidential term from the comfort of
Canada.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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On June 19, 2017, Bill C-6, which proposed numerous amendments to the Canadian Citizenship Act, (R.S.C., 1985, c. C-29), received Royal Assent. Bill C-6 attempts to reverse many of the changes contained...

August 3, 2017 - Canadian permanent residents must now present their permanent resident card or permanent resident travel document to board a flight to Canada, or enter the country by any other commercial means. Not carrying the card or document may result in a permanent resident not being allowed to board a flight, train, bus or boat.

August 3, 2017 - Learn on the GO: Stream our podcast covering all the changes made to the Canada Citizenship Act, Bill C-6. These changes will be phased in with some taking place immediately, others in the fall 2017 and the final modifications in early 2018.

August 3, 2017 - The risk of hiring an overseas immigration consultant to handle your Canada immigration case is highlighted in an ongoing case involving 57 candidates rejected en masse. The 57 cases were candidates who all used the same unlicensed immigration consultant outside Canada.
This is a must read by any applicant to Canada.

July 3, 2017 – Changes to the Canada Citizenship Act Bill C-6 will come into force in stages with some taking place immediately, others in fall 2017 and the final modifications in early 2018. Our summary outlines when new changes will be made with comparisons to the old law.

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